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Motion to discontinue estate litigation on eve of trial granted following partial settlement.
The applicant commenced an application challenging her late father's will and seeking dependent support.
On the eve of trial, the applicant reached a settlement with the estate trustee and brought a motion to discontinue the proceeding.
The non-settling respondent opposed the discontinuance and sought to be substituted as the plaintiff.
The court granted the motion to discontinue, finding the applicant would be prejudiced if forced to proceed to trial, while the non-settling respondent could still commence his own proceeding.
The motion for substitution was dismissed due to the respondent's unexplained delay in advancing his own claim.
